The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016

Limitation of actions

6.—(1) The following bar the effect of any enactment or rule of law relating to the limitation of actions—

(a) the presentation of a petition for sequestration under section 2, 5 or 6 of the 2016 Act;

(b) concurrence in a debtor application under section 8 of that Act;

(c) the submission of a claim under section 46 or 122 of that Act;

(d) the submission by a creditor of a claim to the trustee acting under a trust deed.

(2) Reference to any of a creditor’s acts mentioned in sub-paragraphs (a) to (d) of paragraph (1) barring the effect of any enactment or rule of law relating to the limitation of actions is to be construed as reference to that act having the same effect, for the purposes of the enactment or rule of law, as an effective acknowledgement of the creditor’s claim.

(3) Reference in paragraph (1) or (2) to an enactment does not include reference to an enactment which implements or gives effect to any international agreement or obligation.

(4) This article extends to all parts of the United Kingdom other than Scotland (and is without prejudice to sections 13(5), 14(5), 46(8), and 125(3) of, and paragraph 4 of schedule 4 to, the 2016 Act).